Landlord & Tenant Law
The law governing residential and commercial tenancies, including tenant protections, possession proceedings, and deposit rules.
Introduction
Landlord and tenant law regulates the relationship between those who own property and those who occupy it under a lease or tenancy agreement. It is a major area of practice covering residential tenancies (governed primarily by the Housing Act 1988, substantially reformed by the Renters' Rights Act 2025 with effect from 1 May 2026, and the Rent Act 1977) and commercial tenancies (governed by the Landlord and Tenant Act 1954). The law provides significant protections for tenants, including security of tenure and statutory obligations on landlords regarding repairs and habitability.
In Brief
Residential landlords must protect deposits in an approved scheme within 30 days and provide prescribed information (Housing Act 2004, ss.212–215). Since 1 May 2026 the Renters' Rights Act 2025 has abolished s.21 no-fault eviction and converted assured shorthold tenancies into assured periodic tenancies: possession requires a s.8 notice on prescribed Form 3A citing statutory Housing Act 1988 grounds, usually with 4 months' notice (shorter for some grounds). Landlords must keep the structure, exterior, and essential services in repair under s.11 Landlord and Tenant Act 1985. Unlawful eviction is a criminal offence under the Protection from Eviction Act 1977.
Core Principles
Assured Periodic Tenancy — Since 1 May 2026 the Renters' Rights Act 2025 has abolished the assured shorthold tenancy in England: existing ASTs converted automatically to assured periodic tenancies, and new lettings are assured periodic tenancies running on a rolling basis with no fixed end date. Landlords may recover possession only by serving a s.8 notice (prescribed Form 3A) relying on statutory grounds — the s.21 no-fault route has been abolished.
Deposit Protection — Landlords must protect tenancy deposits in a government-approved scheme within 30 days. Failure may result in penalties of 1–3 times the deposit, and since 1 May 2026 a court will only make a possession order against a tenant who paid a deposit if the deposit has been protected (with the prescribed information given) or returned.
Fitness for Habitation — The Homes (Fitness for Human Habitation) Act 2018 implies a covenant that the dwelling is fit for human habitation throughout the tenancy.
Repairing Obligations — Under s.11 Landlord and Tenant Act 1985, landlords of short leases must keep the structure and exterior in repair and maintain installations for water, gas, electricity, heating, and sanitation.
Protection from Eviction — The Protection from Eviction Act 1977 makes it a criminal offence to unlawfully evict or harass a residential tenant.
Commercial Security of Tenure — Under Part II of the Landlord and Tenant Act 1954, business tenants have the right to renew their lease at the end of the term, unless the landlord can establish a statutory ground for opposition.
Right to Rent — Under the Immigration Act 2014, landlords must check tenants' immigration status (right to rent checks).
Disrepair Claims — Tenants may bring claims for disrepair and seek damages, injunctions, or rent reduction where the landlord breaches repairing covenants.
Key Statutes
Leading Cases
Common Scenarios
Landlord fails to protect deposit
If a landlord does not protect a tenancy deposit within 30 days, the tenant may apply to the county court for an order requiring protection and compensation of 1–3 times the deposit amount. Since 1 May 2026 an unprotected deposit also blocks eviction: the court will only make a possession order once the deposit has been properly protected or returned (Renters' Rights Act 2025).
Eviction without a court order
A landlord who changes the locks or physically removes a tenant without a court order commits a criminal offence under the Protection from Eviction Act 1977. The tenant may also claim damages in tort for unlawful eviction.
Commercial lease renewal dispute
A business tenant whose lease is expiring may serve a s.26 request for a new tenancy. The landlord can only oppose on specific statutory grounds (e.g., persistent rent arrears, intention to redevelop). If the landlord successfully opposes on certain grounds, statutory compensation may be payable to the tenant.
Related Careers
Frequently Asked Questions
How much notice does a landlord need to give to end a residential tenancy?
Since 1 May 2026 a landlord cannot end a tenancy with a s.21 'no-fault' notice — the Renters' Rights Act 2025 abolished the s.21 process and converted assured shorthold tenancies into assured periodic tenancies. A landlord must now serve a s.8 notice on prescribed Form 3A relying on one or more statutory grounds for possession and give the correct notice period — in many cases 4 months, although for some grounds it is shorter. If the tenant has not left by the end of the notice period, the landlord must apply to court for a possession order (GOV.UK, Renters' Rights Act guidance).
What are a landlord's repair obligations for a rented home?
Under s.11 Landlord and Tenant Act 1985 (for short residential leases), landlords must keep the structure and exterior in repair and maintain installations for water, gas, electricity, space heating, and sanitation. The Homes (Fitness for Human Habitation) Act 2018 also implies a covenant that the property is fit for human habitation throughout the tenancy. Tenants must report disrepair to the landlord.
Can my landlord increase my rent?
Since 1 May 2026 (Renters' Rights Act 2025), a landlord under an assured periodic tenancy can only increase the rent using the s.13 process: serving Form 4A with at least 2 months' notice, no more than once a year and not within the first 12 months of a new tenancy. The tenant can challenge a proposed increase above the open market rent at the First-tier Tribunal (Property Chamber). Rent review provisions vary for commercial leases.
What is a Section 21 notice and what replaced it?
A s.21 notice was the 'no-fault' way to end an assured shorthold tenancy — the landlord did not need to give a reason. The Renters' Rights Act 2025 abolished it: from 1 May 2026 tenants can no longer be evicted using the s.21 process, even if the tenancy agreement says they can (a s.21 notice served before that date could only be used to start possession proceedings until its expiry or 31 July 2026, whichever came first — that window has now closed, although claims issued in time continue to a conclusion). Existing ASTs changed to assured periodic tenancies, and a landlord now needs a legal reason — a ground for possession — served by a s.8 notice using prescribed Form 3A (GOV.UK, Renters' Rights Act: overview for tenants).
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